• Amendment- 4

Oescriplion: Government Procurement Services

AMENDMENT

STATE OF ARIZONA

Agency; State Procurement OffiCe

Customer: AOSPO-Stale Procurement Office

Contract No: EPSOB0023-1-A1

A R S §41-2537, R2-7-E303(C)(1), !he Contract is hereby amended as set forth below:

The contract is extended from September 21,2011 to February 20,2012

ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED

.·Ac~~~~-L~ci~i:MeN~ A~ti ~~j~~i~z~ ii9~; ~;h~-~~rl~~~;~ned j,er.~b'i~~ri()~~~~~;~-~~~-a~i~oiJze'iti;s ~Oieridrn:en\·t~ .ihe~ .... :C(!nlr?.c~.,~l:l.~.t~~\ ~!!_<.>~~~( ~ll.t~rm~. ~-n~i~lo_~_s, -~P.e_c!V~'iC?I:~~ ~~-d ~ITl.~rJ.dfD~IJ\S tq t~e_q~ntr~~~.r~!J!~i!l. t:~ncha~ged.;:i :,:: ;; :::· -: ·.: '· · . . ·-.--.-. •' · .. :; ·-·---·---· ···.:·-· .. --. ,_,_-.:·.-.·-.··---.····.-.-.·.·.··: .. :·,--._:._•-;,,·_,,, ____ .. _. __ ._,,., __ ., .. : ....

Signature of Authorized Agent of the Company

Printed Name

Title

Dale

Available online at Procure.AZ.qov

Signature of Authorized Procurement Officer

Printed Name

Title

Date

Amendment page 1 of 1

MAG-425-000001

Contract Amendment

Contract No. EPS080023-1

Amendment No.: Three (3)

CONTRACT AGENCY:

Arizona State Procurement Office

100 N. 15th Avenue Suite 201 Phoenix, AZ. 85007

PAGE 1

CONTRACTOR:

Richard Szawara

STATE PROCUREMENT OFFICE

100 N. 1511' Avenue

Suite 201

Phoenix, AZ 85007

AGENCY CONTACT: John Red Horse CONTACT: Richard Szawara FAX NO.: (602} 542-5508 FAX NO.:

J'.HONE NO.: (602) 542:o:.91!!2o!.7 _______ .._.P_._H..._,O'-'-N'-"E'--'N-"O"-'.'-: -~----------'

CONTRAC'f IS AMENDED AS FOLLOWS:

In accordance with A.R.S. § 41-2537, R2-7-E303 'C" '1" the contract is hereby amended as follows:

The contract is extended from September 21, 2010 through September 20, 2011.

ALL OTHER CONTRACT TERMS AND CONDITIONS SHALL REMAIN THE SAME.

CONTRACT AMENDMENT THREE IS HEREBYlT,A:: FULL EFFECT AND FORCE AS OF SEPTEMBER 21,2010

John e Horse, ADOA Procurement Manager

NAME AND TtTlE

MAG-425-000002

10/23/2000 10:00 R~ 6029441381 RICHARD SZAWARA lill 001/001

OCT-23-2009 H •01 DEPT OF AD11!NISTRAT!ON 602 542 27a9 P.01101

e CONTRACT AMENDMENT stato l'rocuramQnt Officii\

Department of Administration 100 N. 15th Avenue #104.

CONTRACT NO: EPSOB0023·1 Phoenix, Arizona 85007

CONTRACT SERVICES: Government Procurement Services

THE ABOVS REF~";;REI'!CED CONTRACT IS AMENDED A$ FOLlOWS:

1. In accordance With the "Amendment" clause in the contract terms and Gondlticms, the language for the following term, is hereby modified:

The term "Contract Extension (Months) which stales, "At the ~ole option ofthe SUite, this eontract may ba elden dad on a mQntMomonth basis or an addltlonal2.0-montll period whlcllevor i" in the Srote's hast inleresL "shall now read as follows:

Contract Extension (Months) At thn sola option of the Slllte, thi!~ ¢0l\\l'$¢t may b~ wldended for addillonal SUI;l;esslve periods of a mrocimum twelve months per eldenslon wHh a mrocimum aggregate including not to exceed five years."

2. Per A,R,S, § 41<2537, R2-7·E303 "C" ~1", the contract is hereby extended throught September 20,2010.

Vendor hereby acknowledges receipt and The above refer;~~ract Amenctment Is~ understanding of the above amendment. executed this dat I , -~te. 9) 1

~ ~~ .• Connie Ickes Date:/ /

Signature Date

005-- : crJzj.t~r Procurement Officer

TypedNam~· / I IJ C:lf/fl{f) s 2..,1- l..n<t ;e li

MAG-425-000003

State Procm·ement Office 100 N. 15'" Ave., Ste 104

Phoenix, AZ 85007 P D t· rocurement etermma wn:

1.

I Date Received:

c om petitiOn I mpractica 1

Ageney: Arizona Department of Administration (ADOA)· General Services Division- Facilities Operations and Maintenance Nome: Valerie Bniley Title: Procurement Technician

Phone: 602-542-5482 Fax: 602-542-5508

Subject Mntcrlnls or Services: Government Procurement Services

Estimated Cost:

2. Provide full description of materials or services:

State Procurement Office (SPO) is in need of contract procUiement specialists to work in SPOor in other agency procurement offices processing a variety of solicitations1 contract administration and other contractlpror;:urement duties as assigned, in accordance with Arizona Proem ement Code and under the general direction of Ute assigned procurement administrator.

3. Provide justification:

A. Contract numbers BPS080023-l, EPS080023-2, EPS080023-3, EPS080023-4 and EPS080023-S expired on 09/21/2009. Extensions are available beyond this date. It is our intent to extend this contract for(l) one additional year.

B. Potential disruption of government operation~ if services are not continued. Giantlng this extension will allow unintenupted Procurement services for the SPO and other agency procurement offices.

Note: In accordance wiU1 the Procurement Rules, the Arizona Uniform Terms and Conditions must be made a part of all contracts. Ifyou will be required to sign a software licensing agreement or sign any other agreement containing tetms and conditions, which will be made part of the final contJact, you must receive prior approval fiom the Office of the Attorney General.

Approval ofthis request does not allow for agencies to exceed their doUar acquisition amount of delegated authority.

Procurement Authority APPROVAL G Request Authorized Pursuant to: R2·7·E303 G Request Denied: G Request Returned for Additionnllnformntion: G Sec Comments:

A !L A pprovcd by: rid Signatme: (7/ -0 ~A~ Title: D --€,~1(}-- Date: Lo/ Ia 'i

AGENCY N~TfCE: This "is your offichJI written determination· in rc.sponsc to your procurement nuthorlz&tion request. request shnl1 be maintained in the State Procurement Office. \;c: Agency File

The origlnnJ

· Correspondence FHe Unit Administrator Form CI 101, Revised 9-2-2009

MAG-425-000004

ARIZONA STATE CONTRACT MASTER CONTRACT -TERM

~ Vendor Numbar: 9000004822 E RICHARD SZAWARA

~ 0 R Contract No : EPSOB0023·1-A 1 Title: Government Procurement Services

The following documents make up the Contract and are Incorporated hera In by reference

Purchase Order No.: EPS080023-1-A 1 Organlzatlonal Reference No.: Effective Date: 09/21/2008 Valid Through: 02/20/2012

Blanke! Instructions

tj·~ Slate Procurement Oflk:e ):! g l'J E @ ~

state Procurement Oflioo

100 N. 15th Avenue Suite 201 Attention PrOCtJrement Group Phoenix. /'>Z 85007

lq_( B Raymond Nader

I(, (602)542·5511

Paga1 of 2

EPS080023-1-A1_CON pdf

EPS080023-1_CON pdf

EPS080023-A1_SOL pdf

EPS080023 Scope ofWolk_9-5 pdf

EVAL SUMMARY EPS080023 pdf

TERMS AND CONDITIONS set forth In our Bid, Quotation, or Purchase Order are Incorporated herein by reference and become a part of this order.

Please mrer to the electronic order in Procure Al.gov for the complete list of attachments

Account Code:

Solicitation {Bid) No:

Item Oascriplkm

Class-Item 962·69 1

I Requlslllon

Personnel Services. Temporary. contract Procurment Servlces-Procuremenl Soecia!ls\s

Class-Item 962-69 1

Personna! services. Temporary. contract Procurment SerVk:es·PfOcurement Sooclalists

Class-Item 962-69 1

Personnel Services. Temporary. contract Procurment Serv!ces·PIOcurement Soec!allsls

Payment Terms: Net30

Shipping TE!rms: F 0 8 . Desllnallon

Oellvery Calefldat Oay(s}AR 0: 30

Quanlity Unit Unll Price Total

000 HR $6500 sooo

000 HR $6500 $000

000 HR S6500 sooo

MAG-425-000005

2

2

2

ARIZONA STATE CONTRACT MASTER CONTRACT- TERM

Class-Item 962-69 000 HR

Admin Support • Hourty Rate $40 00

Class-Item 962-69 0.00 HR

Admin Supp<>rt - Howly Rale S40 00

Class-Item 962-69 000 HR

Admln Support - Hourty Rate S40 00

Page2of2

$4000 $000

$4000 $000

$4000 $0.00

TOTAL: sooo

Approved By: Raymond Nader

Phone No : (602) 542-9142

MAG-425-000006

. , Offer TO THE STATE OF ARIZONA: The Undersigned hereby offers and agrees to furnish the material, service or construction In compliance 1.vith all terms, conditions, specifications and amendments in the Solicitation and any written exceptions ln the offer. Signature also certifies Small Business status. T8~JOf9.f'r:IJ~TfOO~E~S,'i0t\;:~.-~._,~T:.:::~~:-;:-~~=_:< ~-,~;,.;:_ ~,~,; ~,;;~-:::,,;;~.-~:,~ ~ ,~ ~ v- ,~ -~~ ~~-- =:-.~~,;~;?~7ll:I.}7-:,:~-~~;-:?\~G:~~~-~~;~; ;[~:~~.:;-;?;;-·;:~;~~ Arizona Transacllon (Sales) Privilege Tax License No. N/A Federal Employer Identification No. '·"'~ t9~B«.90:J~fQJ:nJaHon~'>·§~i~?:F{?f~r~r::;~::x\:~?~~-Y~~s:s~~;;;~ r;::\~~~(:::,:_,,s.::·.~~-i~:~c,:·'-·'- ,_._, __ =·-:·--':\·,::;:.~-=,·-:-; ~g~-~~r~~:,,;~~:~{;~~{::~~'~'-,t(~~z?;,:~r~'f~.::~,~~::: ... ' Supplier Number: 4822 Company Name: Richard Szawara Address:

Title: Richard Szawara Procurement Consultant

By Accepting below, tl1e bidder certifies:

Date: 9/5/07 ll :31 :02

L The submission ofthe offer did not involve collusion or other anti-competitive practices. 2. The bidder shall not discriminate against any employee or applicant for employment in violation offederal Executive Order 11246, State Executive Order 75.5 or A.R.S. §§ 41-1461 through 1465. 3. The bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer witl1 a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law. 4. The bidder certifies that the above referenced organization [lis[] a small business with less than 100 employees or has gross revenues of $4 million or less.

· Acce tance The Offer is hereby accepted. The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor's Offer as accepted by the State. This contract shall henceforth be refened to as Contract No. Entry not found in index. The Contractor has been cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order, contact re1ease document or written notice to proceed.

Award Date TBD

Contract# EPS080023-1-A 1 09/16108 17:45:40 17118

MAG-425-000007

Contract# EPS080023-1-A 1 09/16/08 17:45:40 18/18

MAG-425-000008

, . Document Information - · Type: Supplier Amendment: Amend#: 1 Requisition#: AOSM-76L697 Solicitation #:

Yes EPS080023-A I Date Completed:

Contract#: EPS080023-I-AI PO Assigned: PM Assigned: Supplier Name: Gov't Entity: Process Status: Total/Not to Exceed Cos!:

LeAnn WongiADSM-5KAM9N Doug Milford/ADSM-5KAM9N Richard Szawara Arizona State Procurement Office Complete 0

PA Assigned: Proposal#: Type: Status: External Contract:

09/16/2008 James Scarboro/ADSM-5KAM9N AOSM-76RV5U Agency Complete

, . Contract Information · NOTE: As a State Agency, you are only allowed to use contracts that are either Statewide Contracts or contracts that are assigned to your Agency. You are not allowed to use other Agency Contracts. Start Date: 9/21108 End Dale: Term: 1 Year(s) FOB: Payment Terms: per the contract Delivery: Contract Extension Allowed Max Extension:

· Amendment Information- -Amendment #1

9/20/09 as specified 30A.R 0. Days 20Month(s)

In accordance with Contract Extension of Special Terms and Conditions, the contract has been extended for an additional 12 month period to 9/20/2009.

AU other tenns and conditions remain the same

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Solicitation Information Tille: Government Procurement Services Type: RFP Description: In accordance to the Arizona Procurement Code, ARS 41-2501 et seq., the State of Arizona, Department of Administration (ADOA). Slate Procurement Oltlce (SPO), Intends to establish a contract for Independent contractors to perform work equal to procurement specialists (Buyer IV series) to work at the Arizona Department of Administration, State Procurement Office (SPO) Division, 100 N. 15th Ave., Ste 104, Phoenix, Al. 85007.For questions relallng to the solicitation or procurement process, please contact LeAnn Wong at (602) 542-9179 or via email at leann wong@azdoa gov.For questions relating to the State's SPIRIT Automated eProcurement System, please contact the help desk at (602) 542-7600

Contract# EPS080023-1-A 1 09/16/08 17:45:40 1/18

MAG-425-000009

~ _ _ . S ecial Terms and Conditions Contract Extension (Months) At the sole option of the State, this contract may be extended on a month-to-month basis or an additional 20-month period whichever Is in the State's best Interest Contract Type (Term) Fixed price term indefinite quantity Eligible Agencies (Identified) This contract is for the exclusive use of the Arizona Department of Administration Estimated Quantltes (General) This contract references quantities as a general indication of the needs of the Slate The quantities shown are estimates only and the State reserves the right to increase or decrease any quntities actually acquired. No committment of any kind ls made concerning quantities actually acquired Independent Contractor This contract is for the contractor to provide work under a service agreement with the State and not as an employee or agent of the State. The contractor is solely and exclusively responsible, legally and financially, for wages, per diem, taxes, Social Security payments, health benefits, insurance, bonds, Workmen's Compensation costs, and any other fees or expenses the contractor may be required to pay In his normal course of business. Insurance- Standard Service Contract INDEMNIFICATION CLAUSE: Contractor shall indemnify. defend, save and hold harmless the State of Arizona, Its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees (hereinafter referred to as 'Indemnitee') from and against any and all claims, actions, liabilities, damages, losses, or expenses (Including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as 'Claims') for bodily injury or personal injury (including death), or loss or damage to langlble or inlanglble property caused, or alleged to be caused, In whole or in part, by the negligent or willful acts or omissions of Contractor or any of Its owners, officers, directors, agents, employees or subcontraclors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arlslng out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It Is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acls or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims It Is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the Slate of Arizona

This Indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

INSURANCE REQUIREMENTS: Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract, are satisfied. insurance against claims for injury to persons or damage to property which may arise from or in conne-ction wlth the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

The Insurance requirements herein are minimum requirements for this Contract and In no way limit the indemnity covenants contained in this Contract The State of Arizona In no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilllles that might arise out of the performance of the work under this contract by the Contractor, its agents, representatives, employees or subcontractors, and Contractor Is free to purchase additional Insurance

A MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage wilh limits of llabllily not less than those stated below.

1. Commercial General Liability- Occurrence Form Polley shall include bodily injury, property damage, personal injury and broad form contraclualllablllly coverage. -General Aggregate $1,000,000 -Products- Completed Operallons Aggregate $500,000 -Personal and Advertising Injury $500,000 -Blanke! Contractual Liablllly -Written and Oral $500,000 -Fire Legal Llablllly $ 25,000

Contract # EPS080023-1-A 1 09/16/08 17:45:40 4/18

MAG-425-000010

-Each Occurrence $500,000 a. The policy shall be endorsed to include the following additlonallnsured language: The State of Arizona, Its departments, agencies, boards, commissions, universities and lis officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activitles performed by or on behalf of the Conlractor'. b Policy shall contain a waiver of subrogation against the State of Ari:.::ona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from worl< performed by or on behalf of the Contractor.

2. Automobile Uabitity Bodily Injury and Property Damage for any owned, hired, and/or nan~owned vehicles used in the performance of this Contract. -Combined Single Limit (CSL) $500,000 a. The policy shall be endorsed to include the following additional insured language: The stale of Arizona, lis departments, agencies, boards, commissions, universities and Its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor,lnvolvlng automobltes owned. leased, hired or borrowed by the Contractor'

3 Worke~s Compensation and Employers' Liability -Workers' Compensation Statutory Employers' Liability Each Accident$ 100,000 Disease - Each Employee $ 100,000 Disease - Policy Limit $100,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and Its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under ARS 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.

B ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the following provisions; 1 The State of Arizona, its departments, agenctes, boards, commissions, universities and its officers, officials, agents, and employees wherever additional insured status is required such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract 2. The Contractor's Insurance coverage shall be primary Insurance with respect to all other available sources 3. Coverage provided by the Contractor shall not be llmlled to the liability assumed under the indemnification provisions of this Contract

C NOTICE OF CAN CELLA liON: Each Insurance policy required by the Insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided, canceled, or reduced in coverage or In limits except after thirty (30) days prior written notice has been given lo the State of Arizona. Such notice shall be sent directly to {State of Arizona Department Representative's Name &Address) and shall be sent by certified mall, return receipt requested.

D ACCEPTABILITY OF INSURERS: Insurance Is to be placed with duly licensed or approved non-admitled Insurers In the state of Arizona with an 'A.M. Best' rating of not less than A~ VII. The State of Arizona in no way warrants that the above-required minimum insurer ratrng Is sufficient to protect the Contractor from potential insurer Insolvency.

E VERIFICATION OF COVERAGE: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that Insurer to bind coverage on its behalf.

All certificates and endorsements are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, ls a material breach of contract

All certificates required by this Contract shall be sent directly to {State of Arizona Department Representative's Name and Address)_ The State of Arizona projectlcontract number and project description shall be noted on the certificate of Insurance. The State of Arizona reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION.

F SUBCONTRACTORS: Contractors' certlficate{s) shall include all subcontractors as insureds under its policies or

Contract# EPS080023-1-A I 09/16108 17:45:40 5118

MAG-425-000011

Contractor shall furnish to the Slate of Arizona separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to the minimum requirements Identified above

G. APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be made by the Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal Contract amendment, but may be made by administrative action

H. EXCEPTIONS: In the evenllhe Contractor or sub-conlraclor(s) Is/are a public entity, !hen the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance. If the contractor or sub-contractor(s) is/are a Stale of Arizona agency, board, commission, or university, none or the above shall apply Multiple Eligible Agencies Any resullant contract shall be for use by the agencies identified as primary users In the solicltation and by other State agencies Identified through out the contract tenm. Following contract award, participation by a State agency nol originally identified shall be based upon approval of the contractor. Non-Exclusive Contract This contract has been awarded with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source when necessary. Off-contract purchase authorization(s) may be approved by the Arizona Department of Administration, Enterprlse Procurement Services Division Approvals shall be at the exclusive discretion of the State and shall be final. Off-contract procurement shall be consistent with the Arizona Procurement Code. Offshore Performance of Work Prohibited Due to security and identity protecllon concerns, direct services under this contract shall be performed within the borders of the United States Any services that are described in the specifications or scope of work that direclly serve the State of Arizona or ils clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise In the speclflcalions, this definition does not apply to Indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance or the contract. This provision applies to work performed by subcontractors at ali tiers. Ordering Process Upon award of a contract by the Enterprise Procurement Services Division (EPS), ADOA may procure the specific material andfor service awarded by the issuance of a purchase order to the appropriate contractor. Each purchase order must cite the correct Arizona contract number. The purchase order for the awarded material and/or service that cUes the correct Arizona contract number Is the only document required by the State to order and the contractor to deliver the material andfor service. Ownership All deliverables and/or other products of the contract (including but not limited to all sofr.Nare documentation, reports, records, summaries and other matter and materials prepared or developed by the contractor In performance of the contract) shall be the sole, absolute and exclusive property of !he State of Artzona, free from any claim or retention of right on the part of the contractor,lts agents, sub-contractors, officers or emptoyees. Payment The contractor shall submit an invoice to the Arizona Department of Administration (ADOA) afler completion of !he task or comblnallon of tasks listed by ADOA. ADOA will process the claim for prompt payment In accordance with the standard operating procedures of the state Pricing Contract pricing shall be In an hourly basis. The State will not pay any item other than the hourly rate multiplied by the number of hours actually worked

Hours spent on SPIRIT training will be paid at 50% of contract hourly rate. Term of Contract (Monthly) The term of this contract shall commence upon award or as specified In the contract inrormatlon section and may remain in effect for approxlmatery six to twelve months thereafter, unless terminated, canceled or extended as otherwise provided herein.

Contract# EPS080023-1-A 1 09/16/08 17:45:40 6/18

MAG-425-000012

-~ _ _ _ _ _ _ _ __ _ ____ Uni(orm_T_erms and Conditions _ 1 Definition of Terms

As used in this Solicitation and any resulting Contract, the tenns listed below are defined as follows: 1.1 Attachment

any Item the Solicitation requires the Offeror to submit as part of the Offer

1.2 Contract the combination of the Solicitation, Including the Uniform and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Sollcilatlon Amendments or Contract Amendments

1.3 Contract Amendment a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

1.4 Contractor any person who has a Contract with the State.

1-5 Days calendar days unless otherwise specified

1.6 Exhibit any Item labeled as an Exhibit In I he Solicitation or placed in the Exhibits section of the Solicitation_

1.7 Gratuity a payment. loan, subscriplion, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

1.8 Materials all property, Including equipment, supplies, printing, Insurance and leases of property but does not include land, a permanent Interest in land or real property or leasing space.

1.9 Procurement Officer the person, or his or her designee, duly authorized by the State to enter Into and administer Contracts and make written determinations with respect to the Contract.

1.10 Services the fumishing of labor, lime or effort by a contractor or subconlraciorwhlch does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements.

1.11 Subcontract any Contract, express or implied, betv1een the Contractor and another party or between a subcontractor and another party delegating or assigning, In whole or in part, the making or furnishing of any material or any service required for the performance of the Contract.

1.12 State the Stale of Arizona and Department or Agency of the State that executes the Contract

1.13 State Fiscal Year the pe~od beginning with July 1 and ending June 30,

2 Contract Interpretation Contract Interpretation

2.1 Arizona Law The Arizona law applies to this Contract including, where applicable, the Unifonn Commercial Code as adopted by the Slate of Arizona and the Arizona Procurement Code, Arizona Revised Statutes (AR S-) Tille 41, Chapter 23, and Its implementing rules, Arizona Administrative Code (A A C) Tille 2, Chapter 7_

2-2 Implied Contract Terms Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated In It

2.3 Contract Order of Precedence In the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below:

2-3-1 Special Terms and Conditions; 2_ 3 2 Unifonn Terms and Conditions; 2.3.3 Statement or Scope of Work; 2 3.4 Specifications; 2 3.5 Attachments; 2 3_6 Exhibits; 2.3.7 Documents referenced or Included in the Sollctlation.

2.4 Relationship of Parties

Contract # EPS080023-1-A 1 09/16/08 17:45:40 11/18

MAG-425-000013

The Contractor under this Contract Is an Independent Contractor Neither party to this Contract shall be deemed to be the employee or agent of the other party to the Contract

2.5 Severability The provisions of this Contract are severable. Any term or condilion deemed illegal or invalid shall not affect any other term or condition of the Contract

2.6 No Parole Evidence This Contract ls intended by the parties as a final and complete expression of their agreement. No course of prior dealings bet\.Yeen the parties and no usage of the trade shall supplement or exp!aln any terms used In this document and no other understanding either oral or In writing shall be binding

2. 7 No Waiver Either party's falrure to Insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing In the nonconforming performance knows of the nature of the performance and falls to object to it.

3 Contract Administration and Operatlon Contract Administration and Operation.

3.1 Records Under A RS § 35-214 and§ 35-215, the Contractor shall retain and shall conlractually require each subcontractor to retain all data and other 'records' relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract Ali records shall be subject to inspection and audit by the Slate at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records

3.2 Non-Discrimination The Contractor shall comply with Stale Executive Order No. 99-4 and all other applicable Federal and State laws, rules and regulations, Including the Americans wllh DlsabUilles Act.

3.3 Audit Pursuant to ARS § 35-214, at any lime during lhe !enn of this Contract and five (5) years thereafter, the Contracto~s or any subcontractor's books and records shall be subJect to audit by the State and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract

3.4 Facilities Inspection and Materials Testing The Contractor agrees to permit access to its facilities, subcontractor facilities and the Contractor's processes or services, at reasonable times for inspection of the facilities or materials covered under this Contract The State shall also have the right to test, at Its own cost, the materials to be supplied under this Contract Neither inspection of the Contractor's facilities nor materials testing shall constitute final acceptance of the materials or services If the State determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs Incurred by the State for testing and Inspection.

3.5 Notices Notices to !he Contractor required by this Contract shall be made by the State to the person Indicated on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract Notices to the State required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom nonce shall be given by written notice to the other and an amendment to the Contract shall not be necessary.

3.6 Advertising, Publishing and Promotion of Contract The Contractor shall not use, advertise or promote lnformatron for commercial benefit concerning this contract wilhout the prior wrltten approval of the Procurement Officer.

3.7 Property of the State Any materials, including reports, computer programs and other delfverables, created under this Contract are the sole property of the State. The Contractor is not enUUed to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. The Contractor shall not use or release these materials without the prior written consent oflhe State

3.8 Ownership of Intellectual Property Any and all intellectual property, Including but not limited to copyright, invention, trademark, tradename, service mark, and/or trade secrets created or conceived pursuant to or as a result of thls contract and any related subcontract ('Intellectual Property'), shall be work made for hire and the Stale shall be considered the creator of such Intellectual Property. The agency, department, division, board or commission of the State of Arizona requesllng the issuance of this contract shall own (for and on behalf oflhe State) the entire right, ti!le and Interest to the Intellectual Property throughout the world. Contractor shall no!lfy the State, within thirty (30) days, of the creation of any Intellectual Property by it or ils subcon!ractor{s). Contractor, on behalr of itself and any subcontractor (s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual Property vests in the State and shall take no affirmative actions that might have the effect of vesting all or part of the Intellectual Property in any entity other than !he State. The Intellectual Property shall not be disclosed by contractor or Its subcontractor(s} to any entity not the State without the express written authorization of the agency, department, division, board or commission of the State of Arizona requesting the issuance of this contract

4 Costs and Payments Costs and Payments

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4.1 Payments Payments shall comply with the requirements of A R s_ lltles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate Invoice for payment from the State within thirty (30) days.

4.2 Delivery Unless slated otherwise In the Contract, all prices shall be F.O.B Destination and shall include all freight delivery and unloading at the destination.

4.3 Applicable Taxes 4.3. 1 Payment of Taxes The Contractor shall be responsible for paying all applicable taxes.

4 32 State and Local Transacllon Privilege Taxes The State of Arizona is subject to all applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sale and are the responsibility of the seller to remit. Failure to collect such taxes from the buyer does not relieve the seller from Its obligation to remit taxes.

4.3.3 Tax Indemnification. Contractor and all subcontractors shall pay all Federal, state and local taxes applicable toils operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold lhe State harmless from any responsibility for taxes, damages and interest, If applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker's Compensation

4.3A IRS W9 Form In order to receive payment the Contractor shall have a current IRS. W9 Form on file wllh the Slate of Arizona, unless not required by law.

4.4 Availability of Funds for the Next State Fiscal Year Funds may not presently be avaitable for performance under this Contract beyond the current state fiscal year. No legal liability on the part of the State for any payment may arise under this Contract beyond the current state fiscal year until funds are made available for performance of this Contract

4.5 Availability of Funds for the Current State Fiscal Year Should the State Legislature enter back Into session and reduce the appropriations or for any reason and these goods or services are not funded, the State may take any of the following actions: 4 5.1 Accept a decrease in price offered by the contractor; 4 5 2 Cancel the Contract 4.5.3 Cancel the contract and re-so!icit the requirements.

5 Contract Changes Contract Changes

5.1 Amendments This Contract Is Issued under the authority of the Procurement Officer who signed this Contract The Contract may be modified only through a Contract Amendment within the scope of !he Contract Changes to the Contract, Including !he addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by a person who is not specifically authorized by the procurement officer in writing or made unilaterally by the Contractor are violations of the Contract and of applicable law. Such changes, including unauthorized written Contract Amendments shall be void and without effect, and the Contractor shall not be entitled to any claim under this Contract based on those changes

6.2 Subcontracts The Contractor shall not enter Into any Subcontract under thls Contract for the performance of this contract without the advance written approval of the Procurement Officer. The Contractor shall clearly list any proposed subcontractors and the subcontractor's proposed responsibilities. The Subcontract shall incorporate by reference the terms and conditions of this Contract.

5.3 Assignment and Delegation The Contractor shall not assign any right nor delegate any duty under this Contract without the prior written approval of the Procurement Officer The Slate shall not unreasonably \vilhhold approval.

6 Risk and Liability Risk and Liability

6,1 Risk of Loss The Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt

6.2 Indemnification 6. 2.1 ContractorNendor Indemnification (Not Public Agency) The parties to this contract agree !hat !he Slate of Arizona, Its' departments. agencies, boards and commissions shall be indemnified and held harmless by the contractor for the vicarious !lability of the State as a result of entering into this contract. However, the parties further agree that the State of Arizona, Us' departments, agencies, boards end commissions shall be responsible for Its' own negligence. Each party to this contract Is responsible for its' own negligence.

6.22 Public Agency Language Only Each party (as 'indemnitor) agrees to indemnify, defend, and hold harmless the olher party (as 'Indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable

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attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily Injury of any person (including death) or property damage but only to the extent that such claims which result In vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, Its' officers, officials, agents, employees, or volunteers. •

6.3 Indemnification -Patent and Copyright The Contractor shall Indemnify and hold harmless the State against any llablllty, including costs and expenses, for Infringement of any patent, trademark or copyright arising out of Contract performance or use by the Slate of materials furnished or work performed under this Contract The State shall reasonably notify lhe Contractor of any claim lor which It may be liable under this paragraph.ll the contractor is Insured pursuantto AR S § 41-621 and§ 35-154, this section shall not apply.

6.4 Force Majeure 6.4.1 Except lor payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract Is prevented by reason of Ioree majeure. The tenn 'force majeure' means an occurrence that is beyond the control of the party affected and occurs without Its fault or negligence. WithmJt limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots: strikes; mobilization; labor disputes; ctvll disorders; fire; flood; lockouts; injunctions-Intervention-acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party Is unable to prevent by exercising reasonable diligence.

6.4.2 Force Majeure shall not Include the following occurrences:

6.4 2.1 Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, or an oversold condition of the market;

6.4.2.2 Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition; or

6.4 2.3 lnabllity or either the Contractor or any subcontractor to acquire or maintain any requited Insurance, bonds, licenses or permits

6 4.3 If either party Is delayed at any time In lhe progress of the work by Ioree majeure, the delayed party shall notify the other party In writing of such delay, as soon as Is practicable and no later lhan the following working day, of the commencement thereof and shall specify the causes of such delay in such notice Such noUce shall be delivered or mailed certified-return receipt and shall make a specific reference to thls article, thereby invoking Its provisions The delayed party shall cause such delay to cease as soon as prac!lcable and shall nollfy the other party In writing when il has done so. The time of completion shall be extended by Contract Amendment lor a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract.

6 .4.4 Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits If, and to the extent that such delay or failure is caused by force majeure.

6.5 Third Party Antitrust VIolations The Contractor assigns to the State any claim for overcharges resulting from antitrust violations to the extent that those violations concern materials or services supplied by third parties to the Contractor, toward fulfillment of this Contract.

7 Warranties Warranties

7.1 Liens The Contractor warrants that the materials supplied under this Contract are free of liens and shall remain free or lfens.

7.2 Quality Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after acceptance by the State of the materials, they shall be:

7 2.1 Of a quality to pass without objection In the trade under the Contract description;

7 2.2 Fit for the intended purposes ror which the materials are used;

7.2 3 Within the variations permitted by the Contract and are of even kind, quantity, and quality within each unit and among all units;

7.2 4 Adequately contained, packaged and marked as the Contract may require; and

7 2.5 Conform to the written promises or affirmations of fact made by the Contractor.

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7.3 Fitness The Contractor warrants that any material supplied to \he State shall fully conform to all requirements of the Contract and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract.

7.4 Inspection/Testing The warranties set forth in subparagraphs 7.1 through 7.3 of this paragraph are not affected by Inspection or testing of or payment for the materials by the State.

7.5 Year 2000 7 .5.1 Notvtithstanding any other warranty or disclalmer of warranty in this Contract, the Contractor warrants that all products delivered and all services rendered under this Contract shall comply In all respects to performance and delivery requirements of the specifications and shall not be adversely affected by any date-related data Year 2000 issues This warranty shall SUIVlve the expiration or termination of this Contract. In addUion, the defense of force majeure shall not apply to the Contractor's failure to perform specification requirements as a result of any date-related data Year 2000 issues.

7.5 2 Additionally, notwithstanding any other warranty or disclaimer of warranty in this Contract, the Contractor warrants that each hardware, software, and firmware product delivered under this Contract shall be able to accurately process date/time data (Including but not limited to calculalion, comparing, and sequencing) from, Into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other information technology utilized by the State In combination with the information technology being acquired under this Contract properly exchanges date-time data with It If this Contract requires that the Information technology products being acquired perform as a system, or that the information technology products being acquired perform as a system in combination wrth other State Information technology, then this warranty shall apply to the acquired products as a system. The remedies available to the State for breach of lhls warranty shall include, but shall not be limited to, repair and replacement of the information technology products delivered under this Contract In addition, the defense of force majeure shall not apply to the failure of the Contractor to perform any specification requirements as a result of any date-related data Year 2000 issues.

7.6 Compliance With Applicable Laws The materials and services supplied under this Contract shall comply with all applicable Federal, state and local laws, and the Contractor shall maintain all applicable license and permit requirements.

7.7 Survival of Rights and Obligations after Contract Expiration or Termination 7. 71 Contractor's Representations and Warranties. All representations and warranties made by the Contractor under this Contract shall survive the expiratfon or termination hereof. In addition, the parties hereto acknowledge that pursuant to AR.S. § 12-510, except as provided in A R S § t2-529, the State Is not subject to or barred by any limitations of actions prescribed In A.R.S, Title 12, Chapter 5.

7 .7.2 Purchase Orders. The Contractor shall, In accordance with all terms and conditions or the Contract, fully perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof, unless otherwise directed In writing by the Procurement Officer, Including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of thls Contracl

8 State's Contractual Remedies State's Contractual Remedies

8.1 Right to Assurance If the State In good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continue performing under this Contract. the Procurement Officer may demand In writing that the Contractor give a written assurance of intent to perform. Failure by the Contractor to provide written assurance within the number of Days specified In the demand may, at the Stale's option, be the basis for terminating the Contract under the Uniform Terms and Conditions or other rights and remedies available by law or provided by the contract

8.2 Stop Work Order 82.1 The Slate may, at any time, by written order to the Contractor, require the Contractor to stop all or any part, of the work called for by this Contract for period(s) of days Indicated by the State after the order is delivered to the Contractor. The order shall be specifically Identified as a stop work order Issued under lhls clause Upon receipt of the order, the Contractor shall Immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage

8 2.21f a stop work order issued under this clause is canceled or the period or the order or any extension expires, the Contractor shall resume work. The Procurement Officer shall make an equitable adjustment In the delivery schedule or Contract price, or both, and the Contract shall be amended In writing accordingly.

8.3 Non-exclusive Remedies The rights and the remedies of the State under this Contract are not exclusive

8.4 Nonconforming Tender Materials or services supplied under this Contract shall fully comply with the Contract. The delivery of materials or services or a portion of the materials or services that do not fully comply constitutes a breach of contract. On delivery of nonconforming materials or services, the State may terminate the Contract for default under applicable termination clauses in the Contract, exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any other right or

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remedy available to it.

8.5 Right of Offset The Slate shall be entitled to offset against any sums due the Contractor, any expenses or costs Incurred by the State, or damages assessed by the state concerning the Contractor's non-conforming performance or fai!ure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions.

9 Contract Termination Contract Termination

9.1 Cancellation for Conflict of Interest Pursuant to ARS. § 38-511, the State may cancel this Contract within three (3) years after Contract execution without penalty or further obligation If any person slgnincanlly involved in Initialing, negollatlng, securing, drafting or creating !he Contract on behalf of the State Is or becomes at any time while the Contract or an extension of the Contract Is in effect an employee of or a consultant to any other party to this Contract with respect to the subject maHer of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the nollce specifies a later time.lf the Contractor is a political subdivision of the State, it may also cancel this Contract as provided In A.R S. § 38-511.

9.2 Gratuities The State may, by written notice, terminate lhls Contract, In whole or In part, if the State determines that employment or a Gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of the State for the purpose of Influencin-g the outcome of the procurement or securing the Contract, an amendment to the Contract, or favorable treatment concerning the Contract, including the making of any determination or decision about contract performance. The State, in addition to any other rights or remedies, shall be entitled to recover exemplary damages In the amount of three times the value of the Gratuity offered by the Contractor

9.3 Suspension or Debarment The Stele may, by written notice to the Contractor, immediately terminate this Contract If the State determines that the Contractor has been debarred, suspended or otherwise lawfully prohibited from participating In any public procurement ac!lvlty, Including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body Submittal of an offer or execution of a contract shall attest that the contractor is not currently suspended or debarred If the contractor becomes suspended or debarred, the contractor shall immediately notify the State.

9.4 Termination for Convenrence The State reserves !he right to terminate the Contract, tn whole or In part at anytime. when In the best interests of the State without penalty or recourse Upon receipt of the written notice, the Contractor shall stop all work, as directed ln the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the State In the event of termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the State upon demand The Contractor shall be entitled to receive just and equitable compensation for work In progress, work completed and materials accepted before the effective date of the termination. The cost principles and procedures provided in AA C R2-7-701 shall apply.

9.5 Termination for Default 9.5.1 tn addition to the rights reserved In the contract, the Stale may terminate the Contract in whole or in part due to !he failure of the Contractor to comply with any term or condilion of the Contract, to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Contract The Procurement Officer shall provide written notice of the termination and the reasons for It to the Contractor.

9.5 2 Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to !he Slate on demand

9.5.3 The State may, upon termination of this Contract, procure, on terms and In the manner that it deems appropriate, materials or services to replace those under this Contract The Contractor shall be liable to the State for any excess costs Incurred by the State in procuring materials or services In substitution for those due from the Contractor.

9.6 Continuation of Performance Through Termination The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the dale of termination, as directed in the termrnalion notice

10 Contract Claims All contract claims or controversies under this Contract shall be resolved according to A R.S. Title 41, Chapter 23, Article 9, and rules adopted thereunder.

11 Arbitration The parties to this Contract agree to resolve all disputes arising out of or relating to this contract through arbitration, after exhausting applicable administrative review, to the extent required by AR.S § 12-1518, except as may be required by other applicable statutes (Tille 4 t).

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SCOPE OF WORK CONTRACT PROCUREMENT SERVICES-PROCUREMENT SPECIALISTS

I. INTRODUCTION: In accordance to the Arizona Procurement Code, ARS 41-250 J et seq., the State of Arizona~ Department of Administration (ADOA), intends to establish contracts for independent contractors to perform work equal to procurement specialists and/or procurement managers to work for the Arizona Department of Administration: State Procurement Office (SPO)at 100 N. 151

h Ave., Ste_ 104, Phoenix, Al 85007.

11. BACKGROUND: SPO is in need of contract procurement specialists to work in SPOor in other agency procurement offices processing a variety of solicitations: contract administration and other contracllprocuremcnt duties as assigned~ in accordance with Arizona Procurement Code and under the general direction oflhe assigned procmement administrator.

IlL GENERAL. REQUIREMENTS: A. Oualificalions: The contractor(s) shaH be or shall provide qualified procurement specialists as required by SPO. The procutemcnt

specialists shall have the following knowledge~ skills & abilities: Knowledge of government ptocurement and source selection methodologies, contract formation and administration! applicable slate and federal laws pertinent to government procurement Specifically Arizona Revised Statutes and the Arizona Procurement Code~ administrative and business law, marketing and sales techniques~ and substantive knowledge in industries of specialization (especially the health care indusuy and telecommunications JT industry). Must be able to read. analyze. research and develop technical specifications, scope-of-work and procurement descriptions. Recent experience in government contracting and administration of government contracts is highly desirable Certification as a purchasing or contracting professional is preferred. Skills: Research and analysis, negotiations, inte1personal communications and public speaking! business and technical writing! accounting and financial procedures, conflict resolution, personal computer and associated software. Able to: Lcam quickly and assimilate large quantities of industry specific and technical materials, legal and detail oriented! adapt to fast-paced environment, make sound and ethical business decisions on behalf of the State.

B. Availability for and Duration of work: Work assignments wilt be based on the needs ofthe State and available funding. Procurement specialists' WOik wil1 need to meet the requirements and deadlines of the State. The Slate does not guarantee a specific number of work hours. The length of projects will vmy from a single occurrence of a few hours to longer engagements up to 40 hours a week to a maximum length of I year. Contractor's availability will be a fhctor in the award selection process.

C. Location of work: All work shall be performed at the State Procurement Office or any of the other agencies as determined and approved by the Manager, primarily within the metro Phoenix area ..

D. Supervision: The procurement specialists will be supervised by the assigned Procurement Administrator. SPO will have direct control over the desired performance and outcome of the procurement specialists. In the event that the procurement specialists fail to adhere to SPO's directions. breach State security regulations, or demonstrate that they are not qualified to perform the duties required, SPO reserves the right to promptly cancel the contract with the contract procurement specialist(s)~ or in the case of an agency, require a replacement within two working days at no additional cost to the State.

E- Work schedule: SPO hours are defined as follows: 8:00AM-5:00PM, Monday thru Friday, except State holidays_

F. SPIRIT: As necessary, procurement specialists may be required to use the State's epprocurement system, SPJRlT, and/or other related procurement or purchasing systems. Procurement specialist shall have obtained a working knowledge of or have the ability to use an e-procurement system Since the State uses the SPIRIT procurement system in its solicitation process, the State may require the procurement specialists to take a free training class on SPIRIT. Duration oftraining will be approximately 16-24 hours. The procurement specialist shall be compensated at 50% oftheirstandard contract rate during SPIRIT training. The State shall make the sole determination in regards to which p1ocuremcnt specialists will take the SPIRIT training.

0 Materials and couinment· SPO \Viii provide the contract procurement specialists all equipment1 materials, supplies, tools, work space, etc. necessary in the normal course of performing this contract.

l-J. Delc2ation of Authoritv: Procurement specialist/manager may receive further procurement authority to act ns an agent of the state. Procurement specialists will receive a written delegation of authority and use it accordingly to work on a specific project. Delegation of authority shall have all the rights~ responsibilities and recourse for any misuse detailed within Arizona Revised Statutes or other applicable law.

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